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Miami Immigration & Naturalization Law Blog

What are the rules for specialty occupations under an H-1B visa?

Given the importance of the United States in the world economy and the welcoming nature that immigrants who had specific skills were granted when trying to come and work in the U.S., the current changes that are being implemented under the presidency of Donald J. Trump have many concerned. For those who are seeking to come to Florida to work under the H-1B visa program, the announcement that premium processing will be suspended temporarily can cause consternation. Even with that, it is still important to understand the requirements to be eligible under H-1B. One key category is specialty occupations.

To be considered part of a specialty occupation, the applicant must possess a bachelor's degree, its equivalent or higher to be allowed in the U.S. to accept the position. This degree must be common to the industry or the job must be so complicated or unusual that the only person who can perform it is one with a degree. The employer must normally have the degree as a requirement for the position. And the duties that will be carried out in the job must be so specialized and complex that the degree is necessary to be able to do them correctly.

Gaining asylum status and being allowed to work

The world can be a dangerous place and many people from other countries will seek to be allowed to come to the United States for asylum. A vast number of them come through Miami. There are many reasons why these individuals would be seeking to be protected from persecution. They include nationality, religious beliefs, race, being a member of a certain social group, and for political reasons.

A person who is eligible to be granted asylum might be able to stay in the U.S. There is a form that must be filled out within one year of arriving. It is also possible for a spouse and children who are in the U.S. to be included on the application for asylum. A child must be under the age of 21 and cannot be married.

Can child citizenship be given to a child born out of wedlock?

With the new immigration policy of the U.S. seemingly having proposed changes on a daily basis and people frightened and concerned about themselves and loved ones, a litany of issues are coming to the forefront in Miami and across the U.S. This is particularly troublesome when there are children involved. Child citizenship can be somewhat confusing, especially if the parents are unmarried when the child is born. A question that is often asked is whether a child who has a U.S. citizen father can be granted admission to the United States. He or she can according to the law.

The Immigration and Nationality Act (INA) allows for a child whose father is a U.S. citizen and is the result of an unmarried relationship to come to the U.S. legally if the blood relationship between the father and the child is established through clear and convincing evidence. It must also be shown that the father was a U.S. national at the time of the birth. The father must have been physically in the U.S. or its outlying territories before the child's birth for five years - two of which must have been before the child turned 14. The father must have agreed in writing to financially support the child until age 18 unless the father is deceased.

Car turns into path of motorcycle sparking fatal accident

A fatal accident in Florida can come in many different ways, but one of the most frequent causes is a car accident. These crashes happen for a multitude of reasons and cause pain and turmoil in an emotional, personal and financial sense to the family that has suffered the loss of a loved one. Although it will not alleviate the pain they feel at the fatal car crash, a wrongful death legal filing can be useful in receiving compensation for all that was lost with the fatality.

A crash between a car and a motorcycle led to the death of a 25-year-old motorcyclist. The accident was compounded when the 21-year-old female driver of the car fled the scene with two children and another passenger riding with her. According to the law enforcement investigation, the car was heading south and the motorcyclist was heading north. At the intersection, there was a green signal for both. The motorcycle continued going straight and woman tried to turn left. She went into the path of the motorcycle causing a collision.

The Child Citizenship Act grants citizen to certain children

Floridians and people across the nation are naturally shaken and concerned given the tumultuous time for immigrants in the United States. Attempts to change established law and prevent people from entering the country are ongoing. This upheaval has even affected those who are citizens of the country. In spite of this troublesome time with many denied admission to the United States, the laws regarding certain issues have not been changed as of yet. One is the Child Citizenship Act.

Passed in 2000, there were certain rules that allowed children to be granted automatic citizenship in the United States if they met certain criteria. Understanding the criteria is key when faced with the random - and potentially illegal - enforcement attempts made by President Donald J. Trump and his relatively new administration.

Slip and fall incidents and premises liability cases

Accidents that occur on the property of others can be covered by the laws of premises liability. In Florida an injured party may have the right to sue the owner of a tract of land, building, or other type of property if that individual is hurt while visiting the relevant site. Though property-related accidents and injuries can occur in a number of ways, one common form of premises liability incident is a slip and fall case.

Slip and fall situations include any scenarios where a person slides, slips, trips, or otherwise is affected by the presences of an obstruction that results in an injury through the party falling or experiencing other traumas. Slip and fall incidents can occur indoors as well as outdoors, from wet floors within grocery stores to uneven or cracked pavement in the parking lots of shopping malls.

Athlete was driving drunk and high in fatal boating accident

Since Miami is a warm-weather locale with a lively population and many people involved in boating, accidents are unavoidable. Some of these accidents are circumstantial and lead to minor injuries. Others, however, are more serious and lead to severe injuries and death. Given the nature of Miami, there are many people who are prominent and famous who live and work there. When they are in an accident, it draws attention with the results there for all to see. Such is the case with the late pitcher for the Miami Marlins, Jose Fernandez.

Mr. Fernandez and two companions were tragically killed in a fatal boating accident in September of 2016. The investigation as to how it happened and why has been ongoing even amid the tears shed and tributes given for Mr. Fernandez. Recently, it was revealed that it was Mr. Fernandez was operating the boat and doing so with negligence and while intoxicated. He had cocaine in his system, was drunk and was speeding. The boat crashed into a jetty killing the three men onboard.

What is the Conrad 30 waiver program for legal status?

People in Miami may be aware that the new administration of President Donald J. Trump may be seeking to alter the way in which the ways a person can immigrate to the U.S. One issue that pertinent for some of those seeking to come to the U.S., and for those who would like to hire these individuals, is the Conrad 30 waiver program. This is a program to provide visas for medical doctors -- known as a J-1 visa -- so they can have a two-year residency in the U.S. The idea behind this is to account for a shortage of trained doctors in areas that need them.

There are eligibility requirements for a J-1 medical doctor. They must agree to be employed on a fulltime basis in H-1B non-immigrant at a location that was designated by the authorities. They must receive a contract from a health facility located in the particular area. They must get a letter that states there is no objection from the home country if the trip was funded by that country. The immigrant must agree to start work at the facility within 90 days of getting the waiver and not the date at which the J-1 visa expires.

H-1B Visas still an option despite recent immigration policy

For foreign workers seeking a better employment opportunity here in Florida, one of the most popular ways of obtaining the right to work is to receive an H-1B visa, also known as a Specialty Occupation or Professional Visa. In fact, US Citizenship and Immigration Services received about 233,000 requests for this particular type of visa in 2015. For this visa, employers sponsor prospective employees and take care of the application process.

However, there are limits imposed on how many of this type of visa can be granted each year. There are 65,000 available visas in the general-category, while 20,000 are granted in the advanced-degree category. The visas are distributed using a lottery system that does not place priority on more educated workers.

Experienced lawyers for help with family immigration in Miami

Now more than ever, immigration is becoming complicated and worrisome. This is particularly true for Miami residents who are trying to get a spouse into the United States on a marriage-based visa. Even those who are seeking or have achieved citizenship or have a visitor visa must be worried about the fluctuating rules regarding immigration in the U.S. Because of that and the rules and mandates the Immigration and Naturalization Service is being ordered to follow, it is even more imperative to have legal assistance.

People who are immigrants and are related to U.S. citizens have options when they are seeking to come to the U.S. The visa types can vary depending on the circumstances. Immediate relatives include children under the age of 21, parents and spouses of those who have achieved citizenship. FB stands for "family based." FB-1 First Preference individuals are those who are the unmarried sons and daughters of U.S citizens. FB-2 Third Preference means married sons and daughters of U.S. citizens. FB-4 Fourth Preference is for brothers and sisters of U.S. citizens. K-1 and K-3 fiancée visas are for those who are engaged to U.S. citizens and are eligible for these visas that last for 90 days. And a K-3 visa is for spouses of U.S. citizens who have a petition to be permanent residents but it has yet to be approved and forwarded to the U.S. consulate in the home country of the spouse.

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